In the Matter of Robert Herschel Nicks, Bankrupt. Webber B. Earthman, Trustee v. Robert Herschel Nicks

KALBFLEISCH, District Judge:

This case arises out of the voluntary petition in bankruptcy filed in the United States District Court for the Middle District of Tennessee, Nashville Division, by Robert Herschel Nicks. The trustee in bankruptcy has appealed from an order entered by the District Court reversing the order of the referee in bankruptcy directing the trustee in bankruptcy to take steps to have certain timber cut for sale from land occupied by the bankrupt.

The relevant facts may be summarized briefly. The bankrupt’s father, by a will probated in 1935, devised the land in question to…